first draft constitution of zambia - april 2012
Post on 05-Apr-2018
228 Views
Preview:
TRANSCRIPT
-
8/2/2019 First Draft Constitution of Zambia - April 2012
1/272
i
REPUBLIC OF ZAMBIA
FIRST DRAFT CONSTITUTION
of the
REPUBLIC OF ZAMBIA
The Secretariat
Technical Committee on Drafting the Zambian Constitution
Government Complex Conference Centre
P.O. Box 50106
Lusaka
30th
April, 2012
-
8/2/2019 First Draft Constitution of Zambia - April 2012
2/272
ii
THE CONSTITUTION OF ZAMBIA
ARRANGEMENT OF ARTICLES
Table of Contents
PART I
SUPREMACY AND DEFENCE OF CONSTITUTION
1. Supremacy of Constitution2. Defence of Constitution3. Continuous effect of Constitution
PART II
REPUBLIC OF ZAMBIA AND SOVEREIGN
AUTHORITY OF THE PEOPLE
4. Republican status of Zambia5. Exercise of sovereign authority6. National symbols7. Laws of Zambia
PART III
NATIONAL VALUES, PRINCIPLES AND
BASIS OF STATE POLICY
8. Application of national values, principles and basis ofState policy
9. National values, principles and basis of State policy10. Economic policies11. Presidents report on application of values, principles
and policies
-
8/2/2019 First Draft Constitution of Zambia - April 2012
3/272
iii
PART IV
CITIZENSHIP
12. Existing citizenship13. Acquisition of citizenship14. Citizenship by birth15. Citizenship by decent16. Citizenship by registration17. Citizenship by adoption18. Dual citizenship19. Renunciation and deprivation of citizenship20. Citizenship Board of Zambia21. Entitlements of citizen22. Responsibilities of citizen23. National status of parent and legislation on
citizenship
PART V
BILL OF RIGHTS
Status, Application and Interpretation
24. Status of Bill of Rights25. Duty of State to promote rights and freedoms26. Application and interpretation of Bill of Rights
Civil and Political Rights27. Protection from discrimination
28. Right to life29. Human dignity30. Protection from inhuman treatment31. Freedom of person32. Security of person
-
8/2/2019 First Draft Constitution of Zambia - April 2012
4/272
iv
33. Slavery, servitude and forced labour34. Protection of privacy of person, home, property and
communication
35. Freedom of religion and conscience36. Freedom of expression37. Access to information38. Freedom of media39. Political rights40. Freedom of association41. Right to assemble, demonstrate, picket, lock out and
petition
42. Freedom of movement and residence43. Refugees and asylum seekers44. Acquisition and protection of property45. Equality before law46. Fair administration47. Access and right to justice48. Rights of suspects and arrested persons49. Rights of persons detained or in custody50. Fair trial51. Equality of both gender52. Further rights for women53. Older members of society54. Family55. Children56. Youth57. Protection of young persons58. Persons with disabilities59. Special measures for persons with disabilities60. Minority and marginalised groups
-
8/2/2019 First Draft Constitution of Zambia - April 2012
5/272
v
Economic, Social and Cultural Rights
61. Progressive realisation of economic, social and culturerights
62. Economic and social rights63. Language and culture64. Freedom to choose trade, occupation or profession65. Labour relations66. Consumer rights67. Environment
Limitation on Rights and Freedoms and Non-
Derogable Rights
68. Limitations on rights and freedoms69. Non-derogable rights and freedoms70. Derogation of rights and freedoms during emergency
or national disaster
71. Restriction and detention during emergency
Enforcement of Bill of Rights
72. Enforcement of Bill of Rights
Human Rights Commission and Gender Equality
Commission
73. Human Rights Commission74. Gender Equality Commission
PART VI
REPRESENTATION OF THE PEOPLE
Electoral Systems and Process
75. Electoral systems76. Basis of electoral system
-
8/2/2019 First Draft Constitution of Zambia - April 2012
6/272
vi
77. Franchise78. Electoral process79. Access to media80. Independent and unopposed candidates81. Losing candidate not eligible for certain appointments82. Election date for general elections
Electoral Commission of Zambia
83. Electoral Commission of Zambia84. Delimitation of multi-member constituencies and
wards
85. Matters to be taken into account when delimitatingElectoral Districts, multi-member constituencies and
wards
Political Parties and other candidates
86. Political parties87. Representation of gender, youth and persons with
disabilities
88. Legislation on political parties
PART VII
EXECUTIVE
Executive Power
89. Office of President and vesting of executive power90. Executive functions of President91. Approvals by National Assembly92. Ratifications by National Assembly93. Prerogative of mercy94. Advisory Committee95. Emoluments of President
-
8/2/2019 First Draft Constitution of Zambia - April 2012
7/272
vii
96. Protection of President from legal proceedings
Election of President
97. Qualifications and disqualifications for nominations forelection as President
98. Nomination papers for election as President99. Election of President100. Transition period before assuming office101. Election petition
Assumption of Office, Tenure of Office and Vacancy
102. Assumption of office103. Tenure of office104. Removal of President on grounds of incapacity105. Impeachment of President for violation of Constitution
or gross misconduct
106. Performance of executive functions during absence ofPresident
Vice-President
107. Vice-President, election to office and swearing in108. Functions of Vice-President109. Removal from office of Vice-President
Declaration of War, State of Public Emergency,
Threatened State of Emergency and National
Disaster110. Declaration of war111. Declaration of State of public emergency112. General measures relating to public emergency113. Declaration of threatened State of public emergency114. Declaration of national disasters
-
8/2/2019 First Draft Constitution of Zambia - April 2012
8/272
viii
115. Validity of emergency
Cabinet Ministers and Parliamentary Secretaries
116. Cabinet117. Functions of cabinet118. Proceedings of Cabinet meeting119. Cabinet Secretary120. Ministers and appointments from outside National
Assembly
121. Provincial Minister and appointments from outsideNational Assembly
122. Parliamentary Secretaries123. Oaths of office124. Code of conduct
PART VIII
LEGISLATURE
Legislative Function
125. Establishment of Parliament and vesting of legislativefunction
126. Exercise of legislative function127. Retrospective legislation128. Functions of National Assembly129. Money Bills130. Presidential assent and referral131. Challenge of Bill and reference to Constitutional Court132. Coming into force of Act of Parliament133. Acts of Parliament, enactment clause and
categorization
134. Statutory instrumentsElections to National Assembly and Members
-
8/2/2019 First Draft Constitution of Zambia - April 2012
9/272
ix
of Parliament
135. Elections to National Assembly136. Composition of National Assembly137. Qualifications and disqualifications of Members of
Parliament
138. Nominations under party list139. Tenure of office and vacation of Member of Parliament
other than independent candidate
140. Vacation of office by independent Members ofParliament
141. Emoluments of Members of Parliament142. Leader of Government Business in National Assembly
and leader of opposition
143. Code of conduct for Members of Parliament
Proceedings of National Assembly
144. Sittings of National Assembly145. Powers, privileges and immunities146. Procedure of National Assembly147. Presiding in National Assembly148. Quorum149. Voting in National Assembly150. Committees of National Assembly151. Power to call evidence152. Life and prorogation of Parliament
Speaker, Deputy Speakers and Officers of
National Assembly
153. Speaker and Deputy Speakers of National Assembly154. Clerk of National Assembly155. Officers of National Assembly
-
8/2/2019 First Draft Constitution of Zambia - April 2012
10/272
x
156. Parliamentary Service CommissionGeneral Parliamentary Matters
157. President may address National Assembly158. Vote of no confidence159. Oaths to be taken by Speaker, Deputy Speakers and
Members of Parliament
160. Right to petition and make comments161. Public access and participation
PART IX
JUDICIARY
162. Courts of Judiciary and establishment163. Vesting and exercise of judicial power164. Independence of judiciary and Code of Conduct165. Financial independence of judiciary166. Chief Justice167. Deputy Chief Justice168.
President of Constitutional Court
169. Deputy President of Constitutional Court170. Supreme Court171. Composition for sittings of Supreme Court172. Jurisdiction of Supreme Court173. Composition of Constitutional Court174. Composition for sittings of Constitutional Court175. Jurisdiction of Constitutional Court176. Court of Appeal177. Jurisdiction of Court of Appeal178. Sittings of Court of Appeal179. High Court180. Jurisdiction of High Court
-
8/2/2019 First Draft Constitution of Zambia - April 2012
11/272
xi
181. Supervisory jurisdiction of High Court182. Divisions of High Court183. Appointment of judges184. Qualification for appointment as judge185. Tenure of office of judges186. Remuneration of judges187. Removal of judge from office188. Procedure for removal of judge189. Oath of office of judge and judicial officer190. Appointment, retirement and removal of judicial
officers
191. Divisions of subordinate and local courts192. Judicial Complaints Commission193. Judicial service194. Judicial Service Commission195. Functions of Judicial Service Commission196. Chief Administrator of Judiciary
PART X
GENERAL PRINCIPLES OF DEVOLVED
GOVERNANCE
System of Devolved Governance
197. Devolved governance system198. Administrative, legislative and judicial competence in
devolved governance
199. Conflict between national and provincial legislation200. Power of Parliament to repeal provincial legislation
PART XI
-
8/2/2019 First Draft Constitution of Zambia - April 2012
12/272
xii
PROVINCES AND ADMINISTRATION
201. Provinces and provincial administration202. Provincial Minister203. Provincial assemblies204. Functions of provincial assembly205. Retrospective legislation and Bills affecting rights and
freedoms
206. Legislation on procedure of provincial assemblies207. Provincial speaker and deputy provincial speaker208. Staff of provincial assemblies209. Reserved power over non-performing district councils210. Legislation on provincial administration and provincial
Assemblies
PART XII
LOCAL GOVERNMENT
System of Local Government
211. System of local government212. Districts, wards and district councils213. Functions of district council214. Election of councillors and composition of district
councils
215. Mayor, deputy mayor, council chairperson and deputycouncil chairperson
216. Conduct of councillor217. Accountability of councillors218. Tenure of office and vacation of office of councillor219. Vacancies and by-elections for district council220. Petitions and local government election tribunal221. Local Government Service Commission222. Sequestration of property223. Revenue of local authorities
-
8/2/2019 First Draft Constitution of Zambia - April 2012
13/272
xiii
224. Local government Equalisation Fund and funds fordistrict council
225. Legislation to further regulate districts and localauthorities
PART XIII
CHIEFTAINCY AND HOUSE OF CHIEFS
226. Institution of chieftaincy227. Concepts and principles relating to chieftaincy228. Participation of chiefs in public affairs229. House of Chiefs230. Functions of House of Chiefs231. Tenure of office and vacancy232. Oaths of members of House of Chiefs233. Staff of House of Chiefs234. Legislation on House of Chiefs
PART XIV
PUBLIC SERVICE AND COMMISSIONS
Values and Principles
235. Values and principles of public serviceCode of Conduct and Ethics of Public Officers
236. Conflict of interest237. Declaration of assets238. Participation in politics239. Code of ethics for professions and other vocations
Constituting Public Offices
-
8/2/2019 First Draft Constitution of Zambia - April 2012
14/272
xiv
240. Constituting offices for Republic241. Holding of public office
Constitutional Office Holders
242. Attorney-General243. Solicitor-General244. Director of Public Prosecutions245. Performance of functions of Director of Public
Prosecutions during absence, illness or other cause
246. Tenure of office of Director of Public Prosecutions
Public Officers
247. Secretary to Government248. Permanent Secretaries
Appointments to Public Office
249. Appointing power250. Exercise of power
Retirement, Pension, Gratuity and Retrenchment
Benefits for Public Officers
251. Retirement of public officers252. Pension, gratuity and retrenchment benefit for public
officers
253. Pension to be reviewed254. Pension and retrenchment benefits to be paid promptly
Commissions
255. Civil and Teaching Services and service commissions
256. Establishment of investigative commissions
-
8/2/2019 First Draft Constitution of Zambia - April 2012
15/272
xv
257. Additional commissions258. Independent, integrity and membership of
commissions
259. Financial independence and powers of commissions260. Appointment of chief executive of commissions
PART XV
OFFICE OF PUBLIC PROTECTOR
261. Establishment of Office of Public Protector262. Qualification for appointment and conditions of service
263. Functions of Public Protector264. Independence of Public Protector and funding265. Limitation of powers of Public Protector266. Accountability of Public Protector
PART XVI
DEFENCE AND NATIONAL SECURITY
267.
Establishment of Defence Force and functions268. Establishment of national security agencies and
functions
269. Establishment of Police and Prisons ServiceCommission
270. Objectives and expenses of defence force and nationalsecurity Agencies
271. Deployment outside Republic272. Prohibition of certain activities in relation to defence
and national security
273. Legislation to further regulate Defence Force andnational security agencies
PART XVII
-
8/2/2019 First Draft Constitution of Zambia - April 2012
16/272
xvi
PUBLIC FINANCE AND BUDGET
274. Imposition of tax275. Consolidated Fund276. Withdrawal from Consolidated Fund277. Supplementary expenditure in advance of
appropriation
278. Compensation Fund279. Annual financial estimates280. Budget Legislation281. Appropriation Act and Supplementary Appropriation
Act
282. Borrowing and lending by Government283. Public debt284. Financial report of Government285. State Audit Commission286. Auditor-General287. Funding of Auditor-General288. Functions of Auditor-General289. National Fiscal and Emolument Commission
PART XVIII
CENTRAL BANK
290. Central Bank291. Governor of Bank Zambia292. Legislation on Bank of Zambia
-
8/2/2019 First Draft Constitution of Zambia - April 2012
17/272
xvii
PART XIX
LAND, PROPERTY, ENVIRONMENT AND NATURAL
RESOURCES
Land and Property
293. Principles of land policy294. Vesting of land295. Classification of land296. State land297. Customary land298. Land tenure, use and alienation299. Lands Commission300. Functions of Lands Commission301. Legislation on land
Environment and Natural Resources
302. Principles of environmental and natural resourcesmanagement and development
303. Protection of environment and natural resources304.
Utilisation of natural resources and management ofenvironment
305. Legislation relating to environment and naturalresources
PART XX
AMENDMENT OF CONSTITUTION
306. Amendment of Constitution307. Amendment without referendum308. Amendment by referendum
-
8/2/2019 First Draft Constitution of Zambia - April 2012
18/272
xviii
PART XXI
GENERAL PROVISIONS
309. Official language and use and status of local languages310. Appointments311. Definitions312. Interpretation of Constitution313. Provisions with respect to amendment to Constitution314. Person, number and grammatical variation315. Computation of time316. Power to appoint includes power to remove317. Implied power318. Power to make regulations, rules, etc., includes power
to revoke or amend
319. Time for exercise of power320. Exercise of power between publication and
commencement of Acts
SCHEDULE
-
8/2/2019 First Draft Constitution of Zambia - April 2012
19/272
xix
-
8/2/2019 First Draft Constitution of Zambia - April 2012
20/272
1
THE CONSTITUTION OF THE
REPUBLIC OF ZAMBIA
PREAMBLE
WE, THE PEOPLE OF ZAMBIA, IN EXERCISE OF
OUR CONSTITUENT POWER:
ACKNOWLEDGE the supremacy of God Almighty;
DECLARE the Republic a Christian Nation, but uphold
the right of every person to enjoy that persons freedom of
conscience or religion;
UPHOLD the human rights and fundamental freedoms
of every person and recognise the equal worth of different
communities in our Nation;
COMMIT ourselves to upholding the values of
democracy, transparency, accountability and good
governance and resolve to exercise our inherent and
inviolable right as a people to decide, appoint and proclaim
the means and method to govern ourselves;
RESOLVE to ensure that all powers of the State areexercised for sustainable development and in our common
interest;
CONFIRM the equal worth of women and men and
their right to freely participate in, determine and build a
sustainable political, economic and social order;
-
8/2/2019 First Draft Constitution of Zambia - April 2012
21/272
2
RECOGNISE AND UPHOLD the multi-ethnic and
multi-cultural character of our Nation and the self
actualisation of people living in different Provinces of
Zambia and their right to manage their own local affairs and
resources in a devolved system of governance within a
unitary State;
RESOLVE that Zambia shall remain a free, unitary,
indivisible, multi-ethnic, multi-cultural, multi-racial, multi
religious and multi-party democratic sovereign State;
AND DIRECT that all organs and institutions of the
State abide by and respect our sovereign will;
DO HEREBY SOLEMNLY ADOPT AND GIVE TO
OURSELVES THIS CONSTITUTION:
-
8/2/2019 First Draft Constitution of Zambia - April 2012
22/272
3
PART I
SUPREMACY AND DEFENCE OF
CONSTITUTION
1. (1) This Constitution is the supreme law ofthe Republic of Zambia and any other law or customary
practicethat is inconsistent with any of its provisions is void
to the extent of the inconsistency.
(2) An act or omission that contravenes any
provision of this Constitution is illegal.
(3) This Constitution shall bind all persons in
Zambia and the Legislative, Executive and Judicial organs.
(4) The validity or legality of this Constitution is
not subject to challenge by, or before, any court or other
State organ.
(5) The Constitutional Court shall have
jurisdiction in any matter arising under this Constitution.
2. Every person has the right and duty to
(a) defend this Constitution;
(b) resist or prevent any person or group of
persons from
(i) overthrowing, suspending or abrogatingthis Constitution; or
(ii) unlawfully amending or reviewing thisConstitution; and
(c) lawfully secure the continuous operation
of this Constitution.
3. The operation of this Constitution shall not be
affected by any unlawful act to overthrow, suspend or
Supremacy ofConstitution
Defence ofConstitution
Continuouseffect ofConstitution
-
8/2/2019 First Draft Constitution of Zambia - April 2012
23/272
4
abrogate its provisions and it shall, in such circumstances,
continue to have effect.
PART II
REPUBLIC OF ZAMBIA ANDSOVEREIGN AUTHORITY OF THE PEOPLE
4. (1) Zambia is a sovereign Republic,
consisting of the territory and territorial waters described
and delineated in an Act of Parliament.
(2) The Republic of Zambia is a free, unitary,
indivisible, multi-ethnic, multi-cultural, multi-racial, multi-
religious and multi-party democratic State.
(3) The Republic of Zambia shall not be ceded, in
whole or in part.
(4) For purposes of clause (3), the entering into a
union or other form of inter-state organisation, by the
Republic of Zambia, shall not be ceding of the Republic.
5. (1) All sovereign authority belongs to the
people of the Republic of Zambia and that authority may be
exercised either directly or through their democratically
elected representatives or institutions established by or
under this Constitution.
(2) The people of the Republic of Zambia reserve
to themselves any power that is not conferred on any State
organ, State institution, constitutional office holder or any
other person by or under this Constitution.
(3) The people of the Republic of Zambia shall
exercise their direct authority or reserved power through a
referendum as prescribed by an Act of Parliament.
Republicanstatus ofZambia
Exercise ofsovereignauthority
-
8/2/2019 First Draft Constitution of Zambia - April 2012
24/272
5
6. (1) The national symbols of the Republic
are the -
(a) National Flag;(b) National Anthem;(c) Coat of Arms;(d) Public Seal; and(e) National Motto.
(2) An Act of Parliament shall prescribe the form,
words, description and use of the national symbols.
7. The Laws of Zambia shall consist of -
(a) this Constitution;
(b) laws made by or under the authority of
this Constitution or Parliament;
(c) Zambian customary law which is
consistent with this Constitution; and
(d) the laws and statutes which apply or
extend to Zambia, as prescribed by an
Act of Parliament.
PART III
NATIONAL VALUES, PRINCIPLES AND
BASIS OF STATE POLICY
8. The national values, principles and basis of
State policy specified in this Part shall apply to the
(a) interpretation of this Constitution;(b) enactment, or interpretation of any
law; or
National symbols
Application ofnational values,
principles andbasis of Statepolicy
Laws of Zambia
-
8/2/2019 First Draft Constitution of Zambia - April 2012
25/272
6
(c) development or implementation ofpolicy.
9. Subject to this Constitution, the national
values, principles and the basis of State policy include-
(a) morality, Christian values and ethics;
(b) patriotism and national unity;
(c) democracy, the rule of law, human
dignity, equity, social justice, equality,
non-discrimination and protection of
minority and marginalised groups;
(d) good governance, integrity,
transparency, accountability,
devolution of power, inclusiveness and
participation of the people; and
(e) sustainable development.
10. (1) The State shall create an economic
environment which encourages individual initiative and self-
reliance among the people, so as to promote investment,
employment and wealth.
(2) The State shall promote the economic
empowerment of citizens in order for them to contribute to
sustainable economic growth and social development.
(3) The State shall promote foreign investment
and protect and guarantee such investment throughagreements with the investors as may be prescribed by or
under an Act of Parliament.
(4) The State shall not compulsorily acquire any
investment, unless under international customary law and
subject to Article 44, except that, where the investment was
National values,principles andbasis of Statepolicy
Economic policies
-
8/2/2019 First Draft Constitution of Zambia - April 2012
26/272
7
made from the proceeds of crime or was corruptly acquired
no compensation shall be paid by the State.
(5) The State shall, as far as is practicable,
continue and execute projects and programmes, commenced
by the previous Government, which contribute to sustainable
economic growth and social development and are in the
public interest.
11. The President shall, once in every year, report
to the National Assembly on the progress made in the
realisation, application and upholding of the values,
principles and policies under this Part.
PART IV
CITIZENSHIP
12. (1) A person who was a citizen of Zambia,
immediately before the commencement of this Constitution,
shall continue to be a citizen of Zambia and shall retain the
same citizenship status as from that date.
(2) A person shall, who was entitled to citizenship
of Zambia, before the commencement of this Constitution,
subject to the performance of any condition or following the
occurrence of a future event, become a citizen upon the
performance of the condition or occurrence of the event.
(3) A person born in Zambia before 1st April,
1986, whose parent was an established resident shall
continue to enjoy the rights and privileges of an established
resident, which are consistent with this Constitution, and
remain subject to the law relating to established residents
prevailing immediately before that date.
Existingcitizenship
Presidents reporton application ofvalues, principlesand policies
-
8/2/2019 First Draft Constitution of Zambia - April 2012
27/272
8
13. Citizenship may be acquired by birth, descent,
registration or adoption in accordance with this Part.
14. (1) A person born in Zambia is a citizen by
birth if, at the date of that persons birth, at least one parent
of that person is, or was, a citizen.
(2) A child found in Zambia and who is, or
appears to be, of not more than eight years of age and whose
nationality and parents are not known, shall be presumed to
be a citizen of Zambia by birth.
(3) For the purposes of this Part, a person born
aboard-
(a) a registered ship or aircraft, shall be
deemed to have been born in the place
in which the ship or aircraft is
registered; or
(b) an unregistered ship or aircraft of any
country, shall be deemed to have been
born in that country.
15. A person born outside Zambia is a citizen by
descent if, at the date of that persons birth, at least one
parent of that person is, or was, a citizen by birth.
16. (1) Subject to clauses (2) and (4), a personshall be entitled to apply to the Citizenship Board of Zambia
to be registered as a citizen if that person -
(a) was born in Zambia but neither of that
persons parents is, or was, a citizen
Acquisition ofcitizenship
Citizenship bybirth
Citizenship byregistration
Citizenshipby descent
-
8/2/2019 First Draft Constitution of Zambia - April 2012
28/272
9
and that person was ordinarily resident
in Zambia for a period of three years;
(b) was born in or outside Zambia and has
or had an ancestor who is, or was, a
citizen and that person was ordinarily
resident in Zambia for a period of three
years; or
(c) was ordinarily resident in Zambia for a
continuous period of not less than ten
years immediately preceding that
persons application for registration.
(2) A person applying to be registered as a
citizen, under clause (1), shall have attained the age of
eighteen years.
(3) Notwithstanding clause (1), a person who is,
or was, married to a citizen for a period of not less than three
years shall be entitled to apply to the Citizenship Board of
Zambia, to be registered as a citizen, in such manner as may
be prescribed by or under an Act of Parliament.
(4) A child of a diplomat accredited to Zambia or a
person with refugee status in Zambia shall not be entitled to
be registered as a citizen.
17. A child who is not a citizen and who is
adopted by a citizen shall be a citizen on the date of the
adoption.
18. (1) A citizen shall not lose citizenship by
acquiring the citizenship of another country.
(2) A citizen who, before the commencement of
this Constitution, acquired the citizenship of another
Dualcitizenship
Citizenshipby adoption
-
8/2/2019 First Draft Constitution of Zambia - April 2012
29/272
10
country and, as a result, ceased to be a citizen shall be
entitled to apply to the Citizenship Board of Zambia to regain
that citizenship.
19. A citizen-
(a) may renounce citizenship; or
(b) shall be deprived of citizenship only if
that person acquired citizenship by
means of fraud, false representation or
concealment of any material fact.
20. (1) There is established the Citizenship
Board of Zambia which shall implement this Part.
(2) Parliament shall enact legislation which
provides for the composition of, appointment of members to,
tenure of office of members of, and procedures to be followed
by, the Citizenship Board of Zambia.
21. A citizen is entitled to
(a) the rights, privileges and benefits ofcitizenship as provided in this
Constitution and under any other law;
and
(b) any document of registration andidentification issued by the State to
citizens.
22. (1) A citizen shall
(a) uphold and defend this Constitutionand any other law;
Renunciation anddeprivation ofcitizenship
Citizenship Boardof Zambia
Entitlements ofcitizen
Responsibilities ofcitizen
-
8/2/2019 First Draft Constitution of Zambia - April 2012
30/272
11
(b) contribute to the welfare andadvancement of the nation by paying
all taxes and duties lawfully due and
owing to the State;
(c) protect and conserve the environmentand utilise natural resources in a
sustainable manner;
(d) maintain a clean and healthy livingenvironment;
(e) provide defence and military servicewhen called upon; and
(f) protect and safeguard public propertyfrom dissipation.
(2) A citizen shall endeavour to-
(a) acquire basic understanding of thisConstitution and promote its ideals
and objectives;
(b) register and vote, if eligible, in allnational and local elections and
referenda;
(c) be patriotic and loyal to Zambia,promote its development and good
image and render national service
whenever required to do so;
(d) develop ones abilities to the greatestpossible extent through acquisition ofknowledge, continuous learning and
the development of skills;
(e) contribute to the welfare andadvancement of the community where
that citizen lives;
-
8/2/2019 First Draft Constitution of Zambia - April 2012
31/272
12
(f) strive to foster national unity and livein harmony with others;
(g) promote democracy, good governanceand the rule of law;
(h) co-operate with law enforcementagencies for the maintenance of law
and order and assist in the
enforcement of the law; and
(i) understand and enhance Zambiasplace in the international community.
23. (1) A reference in this Part to the national
status of the parent of a person at the time of the birth of
that person shall, in relation to a person born after the death
of the persons parent, be construed as a reference to the
national status of the parent at the time of the parents
death.
(2) Parliament shall enact legislation to give effect
to this Part and to provide for immigration and migration
matters.
PART V
BILL OF RIGHTS
Status, Application and Interpretation
24. (1) The Bill of Rights provided for in this
Part is fundamental to democracy and constitutionalism and
shall form the basis of Zambias social, political, economic
and cultural policies.
National status ofparent andlegislation oncitizenship
Status of Bill of
Rights
-
8/2/2019 First Draft Constitution of Zambia - April 2012
32/272
13
(2) The purpose of the Bill of Rights is to preservethe dignity of individuals and communities by promoting
social justice and realising the potential of all human beings.
(3) The rights and freedoms set out in the Bill of
Rights
(a) are inherent in each individual;
(b) are not granted by the State;
(c) cannot be taken away by the State;(d) do not exclude rights and freedoms,
consistent with this Constitution, not
expressly provided for in the Bill of
Rights; and
(e) are subject only to the limitations
contained or contemplated in the Bill of
Rights.
25. (1) The State shall respect, protect,
promote and fulfill the Bill of Rights.
(2) The State shall recognise the role that civil
society plays in the promotion and protection of the Bill of
Rights.
(3) The President shall, each year, when
addressing the National Assembly, report on the measures
taken by, and the achievements of, the State in the
realisation of the Bill of Rights.
26. (1) A natural or juristic person enjoys the
benefit of, and is bound by, the Bill of Rights, to the extent
possible, given the nature of the right or freedom.
(2) A person shall exercise a right or freedom in a
manner consistent with the Bill of Rights.
Application andinterpretation ofBill of Rights
Duty of State topromote rightsand freedoms
-
8/2/2019 First Draft Constitution of Zambia - April 2012
33/272
14
(3) When applying or interpreting the Bill of
Rights, the Constitutional Court shall, if necessary, develop
human rights jurisprudence where legislation does not give
effect to a right or freedom as contemplated under the Bill of
Rights.
(4) When applying the Bill of Rights, the
Constitutional Court, a court, tribunal, the Human Rights
Commission, any person or body shall interpret a right or
freedom in a manner consistent with the spirit, purpose,
objectives, limitations and derogations permitted under the
Bill of Rights.
Civil and Political Rights
27. (1) A person has the right not to be
discriminated against, directly or indirectly, on any grounds
including birth, race, sex, origin, colour, age, disability,
religion, conscience, belief, culture, language, pregnancy,
health, marital, ethnic, tribal, social or economic status.
(2) Subject to clause (3), a law shall not make any
provision that is discriminatory either of itself or in its effect.
(3) Any law or measure that provides affirmative
action, in respect of any group of persons or sector of the
society, in order to address discrimination based on birth,
race, sex, origin, colour, age, disability, religion, conscience,
belief, culture, language, pregnancy, health, marital, ethnic,
tribal, social or economic status, shall not be construed as
discrimination.
28. (1) A person has, subject to clauses (2)
and (3), the right to life, which begins at conception.
Right to life
Protection fromdiscrimination
-
8/2/2019 First Draft Constitution of Zambia - April 2012
34/272
15
(2) A person shall not be deprived of life
intentionally, except to the extent authorised by this
Constitution or any other law.
(3) A person may be deprived of life if that person
has been convicted of a capital offence and sentenced to
death.
(4) A person who is sentenced to death has theright to seek a pardon or commutation of the sentence.
(5) A court shall not impose a sentence of deathon a convict
(a) who is pregnant;(b) who is a child; or(c) where there are extenuating
circumstances relating to the
commission of the crime.
(6) A person shall not be regarded as havingintentionally deprived another person of that persons life if
the other person dies as a result of the application of force
to such extent as is reasonably justifiable -
(a) for the defence of property or anyperson from violence;
(b) in order to effect a lawful arrest or toprevent the escape of a person lawfully
detained;
(c) for the purpose of suppressing a riot,insurrection, mutiny or as a result ofwar; or
(d) in order to prevent the commission bythat person of an offence.
-
8/2/2019 First Draft Constitution of Zambia - April 2012
35/272
16
29. A person has inherent dignity and the right to
have that dignity respected and protected.
30. A person shall not be subjected to torture,
cruel, inhuman or degrading punishment or other like
treatment.
31. A person has the right to freedom of the
person which includes the right not to be deprived of
freedom arbitrarily or without just cause.
32. A person has the right to security of the
person which includes the right-
(a) not to be subjected to human
trafficking; and
(b) to be free from all forms of violence.
33. (1) A person shall not be held in slavery or
servitude.
(2) A person shall not be required to perform
forced labour.
34. (1) All persons have the right to privacy,
which includes the right not to have -
(a) their person, home or property
searched;(b) their possessions seized;
(c) information relating to their family,
health status or private affairs
unlawfully required or revealed; or
Human dignity
Protection frominhumantreatment
Slavery, servitude
and forced labour
Protection of privacy ofperson, home, propertyand communication
Security of person
Freedom of person
-
8/2/2019 First Draft Constitution of Zambia - April 2012
36/272
17
(d) the privacy of their communications
infringed.
35. (1) A person has the right to freedom of
conscience, religion, thought, belief and opinion.
(2) A person has the right, either individually or
in community with others, in public or in private, to manifest
any religion or belief through worship, observance, practice
or teaching.
(3) Clause (2) does not extend to-
(a) anti-Christian teaching and practice;
(b) propaganda to incite religious wars;
and
(c) any conduct that infringes the
enjoyment of religious freedoms by
others.
(4) A religious community shall be entitled, at its
own expense, to establish, maintain and manage educational
institutions, facilities and programmes for, and to provide
religious instruction to, members of that community.
(5) Religious observance and instruction may be
conducted at State or State-aided institutions as long as -
(a) the facilities for that religious
observance and instruction at that
institution are made available on an
equitable basis, having regard to thebeliefs of the population served by that
institution; and
(b) attendance, observance or instruction
is voluntary.
Freedom of religionand conscience
-
8/2/2019 First Draft Constitution of Zambia - April 2012
37/272
18
(6) A person shall not be deprived of access to any
institution, employment or facility, or the enjoyment of any
right or freedom because of that individuals religious beliefs.
(7) A person shall not be compelled
(a) to take an oath that is contrary to that
individuals religion or belief or that
involves expressing a belief that the
individual does not hold;
(b) to take an oath in a manner that is
contrary to that individuals religion or
belief;
(c) to receive instruction in a religion that
is not that individuals religion or to
attend a ceremony or observance of
that religion;
(d) by a public body or public officer to
disclose that individuals religious
conviction or belief; or
(e) to do any other act that is contrary to
that individuals religion or belief.
36. (1) A person has the right to freedom of
expression which includes -
(a) freedom to hold an opinion;
(b) freedom to receive or impart
information or ideas;(c) freedom of artistic creativity;
(d) academic freedom; and
(e) freedom of scientific research.
(2) Clause (1) does not extend to -
(a) propaganda for war;
Freedom ofexpression
-
8/2/2019 First Draft Constitution of Zambia - April 2012
38/272
19
(b) incitement to violence;
(c) advocacy of hatred that -
(i) vilifies or disparages others or
incites harm; or
(ii) is based on any prohibited ground
of discrimination specified in this
Constitution; or
(d) any other unlawful purpose.(3) In the exercise of the right to freedom of
expression, a person shall respect the rights and reputations
of others.
37. (1) A citizen has the right of access to-
(a) information held by the State; and
(b) information that is held by another
person;
which is lawfully required for the exercise or
protection of any right or freedom.
(2) A person has the right to demand the
correction of untrue or misleading information recorded or
published with respect to that person.
(3) The State has the obligation to publicise any
information that is in the public interest or affects the
welfare of the Nation.
38. (1) Freedom and independence ofelectronic, print and other types of media is guaranteed.
(2) The State shall not-
(a) exercise control over, or interfere with,
any person engaged in broadcasting,
the production or circulation of any
Freedom of media
Access toinformation
-
8/2/2019 First Draft Constitution of Zambia - April 2012
39/272
20
publication or the dissemination of
information by any medium; or
(b) penalise any person for any opinion or
the content of any broadcast,
publication or dissemination.
(3) Broadcasting and other electronic media shall
be subject to licensing procedures that are -
(a) necessary to regulate signals and
signal distribution; and
(b) free from political or commercial
interference.
(4) All State-owned media shall-
(a) be free to determine independently the
editorial content of their broadcasts or
communications;
(b) be independent and impartial; and
(c) afford fair opportunity for the
presentation of divergent views and
dissenting opinions.
(5) Parliament shall enact legislation to give effect to
clause (3).
39. (1) Subject to this Constitution, a citizen
has a rightto participate in the political affairs of the nation
and in the activities of a political party.
(2) Subject to this Constitution, a citizen has theright to be elected to any elective public body or office
established by or under this Constitution.
(3) A citizen aged eighteen years and above and
who is eligible to register as a voter has the right to vote in
Political rights
-
8/2/2019 First Draft Constitution of Zambia - April 2012
40/272
21
elections or referenda, as provided by or under this
Constitution.
40. (1) A person has the right to freedom of
association, which includes the right to form, join or
participate in the activities of an association.
(2) A person shall not be compelled to join an
association of any kind.
(3) Parliament shall enact legislation for the
registration of associations.
41. A person has the right, peacefully and
unarmed, to assemble, demonstrate, picket or lock out and
present petitions to public authorities.
42. (1) A person has the right to freedom of
movement.
(2) A person has the right to leave the Republic.
(3) A citizen has the right to enter into, remain
and reside anywhere in the Republic.
(4) A citizen has a right to a passport.
(5) Parliament shall enact legislation for the
imposition of restrictions on the entry, movement or
residence of persons who are not citizens.
43. A person who has sought asylum or refuge inZambia has a right not to be returned to the country of
origin or a third country if that person has a well-founded
fear of -
(a) persecution in the country of origin or
a third country; or
Freedom ofassociation
Right to assemble,demonstrate, picket,lock out and petition
Freedom ofmovement andresidence
Refugees and asylumseekers
-
8/2/2019 First Draft Constitution of Zambia - April 2012
41/272
22
(b) other treatment in that country that
would justify that person being
regarded as a refugee.
44. (1) A person has the right, either
individually or in association with others, to acquire and own
property-
(a) of any description; and
(b) in any part of Zambia.
(2) Parliament shall not enact a law that permits
the State or any person to-
(a) arbitrarily deprive a person of property
of any description or of any interest in,
or right over, any property of any
description; or
(b) limit, or in any way restrict, the
enjoyment of any right under this
Article on the basis of any of the
grounds specified or contemplated in
Article 27 (1) and (2).
(3) The State shall not compulsorily take
possession of property of any description, or of any interest
in, or right over, property of any description, unless the
acquisition is for a public purpose or in the public interest
and is done in accordance with this Constitution and any Act
of Parliament that-(a) requires prompt, adequate and effective
compensation to the person; and
(b) allows any person who has an interest
in, or right over, that property a right of
access to a court.
Acquisition andprotection ofproperty
-
8/2/2019 First Draft Constitution of Zambia - April 2012
42/272
23
(4) An Act of Parliament may provide for
compensation to be paid to occupants who have acquired
property in good faith and who may not hold title to the land.
(5) The rights under this Article do not extend to
any property that was unlawfully acquired.
45. All persons are equal before the law and have
the right to equal protection and benefit of the law.
46. (1) A person has the right to
administrative action that is expeditious, lawful, just,
reasonable and procedurally fair.
(2) A person whose rights have been adversely
affected by administrative action has the right to be given
written reasons for the action.
(3) Parliament shall enact legislation to -
(a) provide for the review of administrative
action by a court or, where
appropriate, an independent and
impartial tribunal; and
(b) promote an efficient public service.
47. (1) A person has the right to access
justice.
(2) A person has the right to have any dispute
resolved and decided timely and to have a fair hearing beforea court or, where appropriate, any other independent and
impartial tribunal.
(3) Where a person has any claim or judgment
against the State -
Equality beforelaw
Access and right tojustice
Fairadministration
-
8/2/2019 First Draft Constitution of Zambia - April 2012
43/272
24
(a) the claim may be instituted by
proceedings against the State; and
(b) the judgment may be enforced by
execution against the State, after one
year of the delivery of the judgment.
(4) The State shall be liable in tort to the same
extent asa private person of full age and capacity.
(5) A court shall not order any security for costs
on matters of public interest litigation.
48. Subject to Article 68, a person who is a
suspect, arrested or detained for allegedly committing an
offence has the right
(a) to remain silent;
(b) to be informed in a language which
that person understands of the -
(i) right to remain silent; and
(ii) consequences of remaining silent;
(c) to be informed, as soon as reasonably
practicable, of the reasons for the
arrest or detention -
(i) in a language which that person
understands;
(ii) in the case of a visually impaired
person, in Braille;
(iii) in the case of a deaf person, insign language; or
(iv) in such other appropriate means
of communication as may be
prescribed by or under an Act of
Parliament;
Rights of suspects and
arrested persons
-
8/2/2019 First Draft Constitution of Zambia - April 2012
44/272
25
(d) not to be compelled to make any
confession or admission;
(e) to be held separately from persons who
are serving a sentence;
(f) to be brought before a court -
(i) within forty-eight hours after
being arrested or detained, or to
be released on bond or bail;
(ii) not later than the end of the first
court day after the expiry of the
forty-eight hours, if the forty-eight
hours expire outside ordinary
court hours, or to be released on
bond;
(iii) on a day that is not an ordinary
court day, or to be released on
bond;
(iv) as speedily as possible, if that
person is arrested or detained far
from a court, or to be released on
bond or bail;
(v) to be tried within ninety days or
where appropriate, to be released
on bond or bail; or
(vi) which shall have the power to
determine whether or not bailshould be granted, either
unconditionally or subject to
reasonable conditions; and
(g) to be released on bond or bail, pendingtrial, on reasonable conditions, unless
-
8/2/2019 First Draft Constitution of Zambia - April 2012
45/272
26
there are compelling reasons to the
contrary, as determined by the court.
49. (1) A person shall not be detained without
being charged and tried, except during a war, public
emergency or threatened state of public emergency.
(2) A person who is held in custody, whether
sentenced or not, retains all that persons rights and
freedoms under this Constitution, except to the extent that a
right or freedom is incompatible with the fact of being in
custody.
(3) A person who is detained or held in custody is
entitled to petition for a writ of habeas corpus.
(4) Parliament shall enact legislation that-
(a) provides for the humane treatment of
persons detained, held in custody or
imprisoned;
(b) takes into account the relevant
international human rights
instruments on the rights of persons
detained or in custody; and
(c) provides for the regulation of the prison
system, its operation and maintenance.
50. (1) An accused person has the right to a
fair trial which includes the right(a) to be presumed innocent until the
contrary is proved;
(b) to be informed, as soon as is
reasonably practicable, of the charge
Fair trial
Rights of persons
detained or incustody
-
8/2/2019 First Draft Constitution of Zambia - April 2012
46/272
27
with sufficient details to answer the
charge-
(i) in a language which that person
understands;
(ii) in the case of a visually impaired
person, in Braille;
(iii) in the case of a deaf person, in
sign language;or
(iv) in such other appropriate form of
communication as may be
prescribed by or under an Act of
Parliament;
(c) to have adequate time and facilities to
prepare a defence;
(d) to be present when being tried, unless
the conduct or presence of the accused
person makes it impossible for the trial
to proceed;
(e) to have the trial commenced and
concluded and judgment given without
unreasonable delay;
(f) to compensation for wrongful detention
or imprisonment;
(g) to choose, and be represented by, a
legal practitioner and to be informed of
this right before taking plea;(h) to have a legal practitioner assigned to
the accused person by the State and at
public expense, if substantial injustice
would otherwise result, and to be
informed of this right promptly;
-
8/2/2019 First Draft Constitution of Zambia - April 2012
47/272
28
(i) to remain silent during the trial and
not to testify during the proceedings;
(j) to adduce and challenge evidence;
(k) not to have illegally obtained evidence
admissible in the trial;
(l) not to be compelled to give self-
incriminating evidence;
(m) not to be compelled to make any
confession or admission;
(n) to have, without payment, the
assistance of an interpreter if the
accused person cannot understand the
language used at the trial, and in the
case of a deaf person, a sign language
interpreter;
(o) not to be charged, tried or convicted for
an act or omission that was not, at the
time it was committed or omitted, an
offence under any other law;
(p) not to be tried for an offence in respect
of an act or omission for which that
person had previously been acquitted
or convicted;
(q) to the benefit of the least severe of the
prescribed punishments if the
prescribed punishment for an offencehas been changed between the time
that offence was committed and the
time of sentencing; and
(r) of appeal to, or review by, a higher
court.
-
8/2/2019 First Draft Constitution of Zambia - April 2012
48/272
29
(2) Where this Article requires information to be
given to a person, that information shall be given-
(a) in a language which that person
understands;
(b) in the case of a visually impaired
person, in Braille;
(c) in the case of a deaf person, in sign
language; or
(d) in such other appropriate form of
communication as may be prescribed
by or under an Act of Parliament.
(3) An accused person charged with an offence is
entitled, on request, at any stage of the trial, to a copy of the
recordof the proceedings of the trial.
(4) A person who isconvicted of a criminal offence
is entitled, on request, to a copy of the record of the
proceedings of the trial, within fourteen days after it has
been transcribed.
(5) A person who isconvicted of a criminal offence
and whose appeal has been dismissed by the highest court
to which that person is entitled to appeal, may petition the
Supreme Court for a new trial if new and compelling
evidence has become available.
(6) Where there is compelling evidence that a
person, who has been convicted by a court, may be innocent
of an offence, the State may petition the Supreme Court for itto examine such evidence and make a determination as to
whether that person was guilty of the offence.
(7) The entry of a nolle prosequi is not an
acquittal.
-
8/2/2019 First Draft Constitution of Zambia - April 2012
49/272
30
(8) Where a person in respect of whom a nolle
prosequi has been entered is not charged on the same facts
within twelve months of the entry of the nolle prosequi, thecharge shall be void from the date on which that person was
charged.
51. (1) Women and men have the right to
equal treatment, including the right to equal opportunities in
cultural, political, economic and social activities.
(2) Women and men are entitled to be accorded
the same dignity and respect of the person.
(3) Women and men have an equal right to
inherit, have access to, own, use, administer and control
land and other property.
(4) Women and men have equal rights in the
marriage, during the marriage and at the dissolution of the
marriage.
(5) Any law, culture, custom or tradition that
undermines the dignity, welfare, interest or status of women
or men is prohibited.
52. Without limiting any right or freedom
guaranteed under the Bill of Rights, women have the right
to-
(a) reproductive health, including family
planning and access to relatedinformation and education;
(b) acquire, change or retain their
nationality, including the right to
change the nationality of their children
Equality of bothgender
Further rights forwomen
-
8/2/2019 First Draft Constitution of Zambia - April 2012
50/272
31
if this is in the best interest of the
children;
(c) choose residence and domicile;
(d) guardianship and adoption of children;
(e) choose a family name; and
(f) non-custodial sentences if pregnant or
are nursing mothers, except as a
measure of last resort for those women
who pose a danger to the community.
53. Older members of society are entitled to enjoy
all the rights and freedoms set out in the Bill of Rights,
including the right to
(a) participate fully in the affairs of society;
(b) personal development;
(c) independent living;
(d) freedom from all forms of
discrimination, exploitation or abuse;
(e) respect for physical and mental
integrity;
(f) live in dignity and respect; and
(g) social security and protection.
54. (1) The State shall recognise and protect
the family as the natural and fundamental unit of society
and the necessary basis of the social order.(2) A person who is eighteen years of age or older
has the right to freely choose a spouse of the opposite sex
and marry.
Older members of
society
Family
-
8/2/2019 First Draft Constitution of Zambia - April 2012
51/272
32
(3) The State shall, in recognition of the
importance of children to the future of society, the maternal
role of women and nurturing role of both parents -
(a) ensure the right of women to adequate
maternity leave;
(b) ensure the availability of adequate
paternity leave;
(c) ensure the availability of adequate
maternal health care and child health
care; and
(d) promote the availability of adequate
child-care facilities.
55. (1) It is the duty of parents and the State
to nurture, protect and educate children.
(2) All children, whether born in or outside
wedlock, are equal before the law and have equal rights.
(3) In all actions concerning a child, the best
interests of the child shall be a primary consideration.
(4) A childs mother and father, whether married
to each other or not, have an equal duty to protect and
provide for the child.
(5) Every child has a right -
(a) to a name and a nationality from birth
and to have the birth registered;
(b) to parental care, or to appropriatealternative care, where the child is
separated from its parents;
(c) to free basic education;
(d) to be protected from discrimination,
neglect, abuse and harmful cultural
Children
-
8/2/2019 First Draft Constitution of Zambia - April 2012
52/272
33
rites and practices, including female
genital mutilation and body mutilation,
and to be protected from marriage
before attaining the age of eighteen
years;
(e) to be protected from any work that is
exploitative or likely to be hazardous or
adverse to the childs welfare;
(f) to adequate nutrition, shelter, basic
health care services, social protection
and social services;
(g) not to be subjected to corporal
punishment or any other form of
violence, or cruel and inhuman
treatment, in the home, school and any
institution responsible for the care of
children;
(h) to be protected in times of armed
conflict and not to be recruited and
used in armed conflict;
(i) not to take part in hostilities;(j) not to be incarcerated on account of
the mothers incarceration;
(k) to a standard of living adequate for the
childs physical, mental, spiritual,
moral and social development;(l) to protection from all forms of sexual
exploitation or abuse;
(m) not to be detained or imprisoned,
except as a measure of last resort, in
-
8/2/2019 First Draft Constitution of Zambia - April 2012
53/272
34
which case that child has the right to
be -
(i) detained for a period of not more
than forty-eight hours;
(ii) kept separate from adults in
custody;
(iii) accorded legal assistance by the
State;
(iv) treated in a manner and be kept
in conditions that take into
account the childs gender and
age; and
(v) tried in a Juvenile Court;(n) to diversion programmes;
(o) to know of decisions affecting that
child, to express an opinion and have
that opinion taken into account, having
regard to the age and maturity of the
child and the nature of the decision;
(p) to protection of the childs identityfrom
exposure by the media during criminal
proceedings; and
(q) to survival and development.
(6) Children with special needs, orphans, achild
whose parent is in prison, children with disability, refugee
children and homeless children or children living or whospend time, on the streets, are entitled to the special
protection of the State and society.
56. The youth constitute an integral part of society
and, taking into account their unique needs, are entitled to
Youth
-
8/2/2019 First Draft Constitution of Zambia - April 2012
54/272
-
8/2/2019 First Draft Constitution of Zambia - April 2012
55/272
36
extent compatible with the interests of
persons with disabilities;
(b) access to physical environment,
information and communications,
public facilities and services, places
and transportation;
(c) access materials, facilities and devices
to enable them overcome constraints
due to disability;
(d) use sign language, Braille or other
appropriate means of communication;
(e) be addressed and referred to, in any
enactment, officially, publicly or
privately, in a manner that is not
demeaning, derogatory or
discriminatory;
(f) equal opportunities in cultural,
political, public service, economic and
social activities;
(g) inherit, have access to, own and
control property;
(h) personal development and independent
living; and
(i) social security and protection.
(2) Any law, practice, custom or tradition that
undermines the dignity, welfare, interest or status of personswith disabilities is prohibited.
59. The State shall -
(a) promote measures to educate
communities and society on the causes
Special measures forpersons withdisabilities
-
8/2/2019 First Draft Constitution of Zambia - April 2012
56/272
37
of disabilities and the need to respect
the dignity and rights of persons with
disabilities;
(b) promote and ensure the use of sign
language, Braille or any other
appropriate means of communication
forpersons with disabilities; and
(c) not tax any assistive device used by
persons with disabilities.
60. The State shall put in place affirmative action
programmes designed to ensure that minority and
marginalised groups-
(a) participate and are represented in
governance and other spheres of life;
(b) are provided with equal opportunities
in cultural, political, public service,
economic and social activities;
(c) are provided special opportunities for
access to employment; and
(d) develop their cultural values,
languages and practices.
Economic, Social and Cultural Rights
61. (1) Parliament shall enact legislation thatprovides measures, which are reasonable, to achieve the
progressive realisation of the economic, social and cultural
rights under the Bill of Rights.
Progressive realisationof economic, social andcultural rights
Minority andmarginalisedgroups
-
8/2/2019 First Draft Constitution of Zambia - April 2012
57/272
38
(2) The State shall take measures, including the
enactment of legislation that
(a) promotes equity, equality and freedom
from discrimination and establishes or
provides for standards relating to the
achievement of those measures;
(b) ensures that the State, State organs and
institutions fulfill the States obligations
under the Bill of Rights; and
(c) ensures that persons fulfill their
obligations under the Bill of Rights;
and where there is a claim before the Constitutional Court or
with respect to the matters specified under this clause, the
Constitutional Court may make a pronouncement on the
matter, subject to clause (3).
(3) Where a claim is made by the State that it
does not have the resources to implement a particular
economic, social and cultural right
(a) it is the responsibility of the State to
show that the resources are not
available; and
(b) the Constitutional Court shall not
interfere with a decision by the State
concerning the allocation of available
resources solely on the basis that the
Constitutional Court would havereached a different conclusion.
62. (1) A person has the right to-
(a) the highest attainable standard of
health, which includes the right to
Economic and socialrights
-
8/2/2019 First Draft Constitution of Zambia - April 2012
58/272
39
health care services and reproductive
health care;
(b) accessible and adequate housing;
(c) be free from hunger, and to have
access to adequate food of acceptable
quality;
(d) clean and safe water in adequate
quantities and to reasonable standards
of sanitation;
(e) social security and protection; and
(f) education.
(2) A person shall not be denied emergency
medical treatment.
(3) The State shall provide appropriate social
security and protection to persons who are unable to support
themselves and their dependants.
63. (1) A person has the right to use the
language and to participate in the cultural life of that
persons choice.
(2) A person who belongs to a cultural or
linguistic community has the right, with other members of
that community to
(a) enjoy that persons culture and use
that personslanguage; or
(b) form, join and maintain cultural andlinguistic associations.
(3) A person shall not be compelled to-
(a) perform, observe, participate in, or be
subjected to, any cultural practice or
rite; or
Language and
culture
-
8/2/2019 First Draft Constitution of Zambia - April 2012
59/272
40
(b) form, join, contribute, maintain or pay
allegiance to any cultural, traditional
or linguistic association, organisation,
institution or entity.
(4) The State shall-
(a) promote all forms of national and
cultural expression through literature,
the arts, traditional celebrations,
science, communication, information,
mass media, publications, libraries and
other cultural heritage;
(b) recognise the role of science,
technology and indigenous technology
in the development of the Nation; and
(c) support, promote and protect the
intellectual property rights of the
owner, or the people of Zambia.
(5) Parliament shall enact legislation to-
(a) ensure that communities receive
compensation or royalties for the use of
their biological knowledge, medicinal
plants and cultural heritage; and
(b) recognise and protect the ownership of
indigenous seeds and plant varieties,
their genetic and diverse
characteristics.
64. A person has the right to choose a trade, an
occupation or a profession.
Freedom to choosetrade, occupation orprofession
-
8/2/2019 First Draft Constitution of Zambia - April 2012
60/272
41
65. (1) A person has the right to employment
and to fair labour practices.
(2) A worker has the right to-
(a) fair remuneration;
(b) reasonable working conditions;
(c) a pension or gratuity commensurate
with the workers status, salary and
length of service which shall be paid
promptly, failure to which the worker
shall be retained on the payroll until
the pension or benefit is paid;
(d) form, join or participate in the activities
and programmes of a trade union; and
(e) go on a lawful strike as may be
prescribed.
(3) An employer has the right to-
(a) form and join an employers
organisation; and
(b) participate in the activities and
programmes of an employers
organisation.
(4) A trade union and an employers organisation
has the right to-
(a) determine its own administration,
programmes and activities; and
(b) form and join a federation.
66. (1) Consumers have the right to-
(a) goods and services of reasonable
quality;
Labour relations
Consumer rights
-
8/2/2019 First Draft Constitution of Zambia - April 2012
61/272
42
(b) information necessary for them to gain
full benefit from goods and services;
(c) the protection of their health, safety
and economic interests;
(d) compensation for loss or injury arising
from defects in goods or services; and
(e) fair, honest and decent advertising.
(2) This Article applies to goods and services
offered by public entities and private persons.
67. A person has the right to a clean and healthy
living environment.
Limitations on Rights and Freedoms and Non-
Derogable Rights
68. (1) A right or freedom set out in the Bill of
Rights-
(a) is limited by any limitation or
qualification expressly set out in the
provision containing that right or
freedom; and
(b) may be otherwise limited only by a law
of general application which does not
negate the core or the essential content
of the right or freedom and isreasonable and justifiable in an open
and democratic society and takes into
account all relevant factors, including -
(i) the nature of the right;
Limitations on rightsand freedoms
Environment
-
8/2/2019 First Draft Constitution of Zambia - April 2012
62/272
43
(ii) the importance of the purpose ofthe limitation;
(iii) the value and extent of thelimitation;
(iv) the relation between thelimitation and its purpose; and
(v) whether there are less restrictivemeans to achieve the purpose.
(2) A limitation made under clause (1) (b) shall be
valid only to the extent that the limitation -
(a) is reasonably required in the interest of
the public, defence and security, public
safety, public order, public morality,
public health, national, provincial and
local spatial planning, taxation and the
development, management and
utilisation of natural and mineral
resources;
(b) relates to the acquisition of propertyto
secure the development, management
or utilisation of the property for a
purpose beneficial to the community or
the public generally, upon the payment
of due compensation;
(c) forms or is an incident of a contract,
including a lease, trust, settlement,deed, letter of administration, tenancy,
mortgage, charge, pledge, bill of sale or
title deed to land or other instruments
provided under law;
-
8/2/2019 First Draft Constitution of Zambia - April 2012
63/272
44
(d) relates to property which consists of a
licence or permit;
(e) is required to enforce a judgment or an
order of a court or tribunal; or
(f) imposes restrictions on defence and
security officers and other public
officers.
(5) The State or any person claiming that a
particular limitation is permitted under this Article shall
prove to the Constitutional Court that the requirements of
this Article have been satisfied.
69. Notwithstanding any other provision in this
Constitution, a law shall not derogate from the following
rights and freedoms:
(a) a right to a fair trial;
(b) freedom from torture, cruel, inhuman
or degrading treatment or punishment;
(c) the right not to perform forced labour
as defined in an Act of Parliament;
(d) the right not to be subjected to human
trafficking;
(e) the right to be free from all forms of
violence;
(f) freedom from slavery or servitude;
(g) freedom of conscience and religion; and(h) the right to a writ of habeas corpus.
70. A provision contained in, thing or an act done
under, any law shall not be inconsistent with or in
contravention of this Part if
Derogation of rightsand freedoms duringemergency or nationaldisaster
Non-derogable rightsand freedoms
-
8/2/2019 First Draft Constitution of Zambia - April 2012
64/272
45
(a) the law authorises the taking, when a
declaration of war, state of public
emergency, threatened state of public
emergency, or a national disaster is in
force, of measures for dealing with such
situations;
(b) the measures taken are reasonably
justifiable for dealing with the war, state
of public emergency, threatened state of
public emergency or national disaster;
and
(c) the law provides for the detention of
persons when it is necessary for purposes
of dealing with the war or other state of
public emergency.
71. (1) Where a persons freedom of movement
is restricted or that person is detained, during a war, state of
public emergency or threatened state of public emergency,
the following shall apply:
(a) that person shall, as soon as is
reasonably practicable and in any case
not more than fourteen days after the
commencement of the detention or
restriction, be furnished with a
statement, in writing-(i) in a language which that person
understands;
(ii) in the case of a visually impaired
person, in Braille;
Restriction anddetention duringemergency
-
8/2/2019 First Draft Constitution of Zambia - April 2012
65/272
46
(iii) in the case of a deaf person, in
sign language; or
(iv) in such other appropriate means
of communication as may be
prescribed by or under an Act of
Parliament;
specifying, in detail, the grounds of the
restriction or detention;
(b) not more than seven days after the
commencement of the restriction or
detention a notification shall be
published in the Gazette
(i) stating the restriction ordetention;
(ii) giving particulars of the place ofthe restriction or detention; and
(iii) stating the provision of the lawunder which the restriction or
detention is authorised;
(c) if that person so requests, at any time
during the period of the restriction or
detention ornot later than twenty-one
days after the commencement of the
restriction or detention and at intervals
of not more than thirty days, the case
shall be reviewed by the ConstitutionalCourt;
(d) that person shall be afforded
reasonable facilities to consult a legal
practitioner of that persons own choice
who shall be permitted to make
-
8/2/2019 First Draft Constitution of Zambia - April 2012
66/272
47
representations to the authority by
which the restriction or detention was
ordered or to the Constitutional Court;
and
(e) at the hearing of the case by the
Constitutional Court, that person may-
(i) appear in person or by a legal
practitioner, assigned to that
person by the State or of that
persons own choice;
(ii) challenge the detention or
restriction; or
(iii) challenge the validity of the
declaration of the state of public
emergency or threatened state of
public emergency and the
measures taken during that
period.
(2) The Constitutional Court shall make a
determination on a matter reviewed by it under this Article.
(3) The President may, at any time, refer to the
Constitutional Court the case of a person who has been or is
being restricted or detained under a restriction or detention
order under any law.
Enforcement of Bill of Rights
72. (1) Where a person alleges that any
provision of the Bill of Rights has been, is being or is likely to
be contravened in relation to the person, that person may
apply for redress to the Constitutional Court.
Enforcement ofBill of Rights
-
8/2/2019 First Draft Constitution of Zambia - April 2012
67/272
48
(2) Any person or organisation may bring an
action against the violation of another persons or a groups
human rights and freedoms.
(3) Parliament shall enact legislation to give effect
to this Part and for the enforcement of the Bill of Rights.
Human Rights Commission and Gender
Equality Commission
73. (1) There is established a Human Rights
Commission which shall have offices in all the Provinces and
progressively in the districts.
(2) In the performance of its functions, the
Human Rights Commission shall be subject only to this
Constitution and any other law, and shall not be subject to
the direction or control of any person or authority.
(3) The Human Rights Commission shall be
responsible for ensuring that the Bill of Rights is upheld and
protected and for such other functions as may be specified
by or under an Act of Parliament.
(4) The Human Rights Commission shall, in the
exercise of its functions, have power to -
(a) investigate and to report on the
observance of human rights;
(b) take necessary steps to secureappropriate redress where human
rights have been violated;
(c) bring an action to the Constitutional
Court in a case of a violation of the Bill
of Rights;
Human Rights
Commission
-
8/2/2019 First Draft Constitution of Zambia - April 2012
68/272
49
(d) carry out research; and
(e) conduct civic education.
(5) The expenses of the Human Rights
Commission, including emoluments payable to, or in respect
of, persons serving with the Commission, shall be a charge
on the Consolidated Fund.
(6) Parliament shall enact legislation to provide
for the functions, composition, appointment of members,
tenure of office of members, procedures, operations,
administration, finances and financial management of the
Human Rights Commission.
74. (1) There is established the Gender
Equality Commission.
(2) In the performance of its functions, the
Gender Equality Commission shall be subject only to this
Constitution and any other law, and shall not be subject to
the direction or control of any person or authority.
(3) The Gender Equality Commission shall be
responsible for ensuring that gender equality is attained and
mainstreamed in public and private affairs and structures,
and for such other functions as may be specified by or under
an Act of Parliament.
(4) The Gender Equality Commission shall, in the
exercise of its functions, have power to
(a) monitor, investigate, research, educate,lobby, advise and report on issues
concerning gender equality; and
(b) take steps to secure appropriate
redress in complaints relating to
gender equality.
Gender EqualityCommission
-
8/2/2019 First Draft Constitution of Zambia - April 2012
69/272
50
(5) The expenses of the Gender Equality
Commission, including emoluments payable to, or in respect
of, persons serving with the Commission, shall be a charge
on the Consolidated Fund.
(6) Parliament shall enact legislation to provide
for the functions, composition, appointment of members,
tenure of office of members, procedures, operations,
administration, finances and financial management of the
Gender Equality Commission.
PART VI
REPRESENTATION OF THE PEOPLEElectoral Systems and Process
75. (1) Elections to the office of President shall
be conducted directly on the basis of a majoritarian system
where the winning candidate must receive not less than fifty
percent plus one vote of the valid votes cast and in
accordance with Article 99.
(2) Elections to the National Assembly shall be
conducted under a proportional representation system where
a candidate is elected from a multi-member constituency in
an Electoral District, in accordance with Article 135.
(3) Elections to district councils shall be
conducted under a first-past-the-post system in accordance
with Article 214.
76. (1) The electoral system is based on
universal adult suffrage and secret ballot.
(2) The electoral system provided under clause (1)
ensures free and fair elections and achieves-
Electoral systems
Basis of electoralsystem
-
8/2/2019 First Draft Constitution of Zambia - April 2012
70/272
51
(a) elections that are free from violence,
intimidation, improper influence and
corruption;
(b) transparency in the electoral process;
(c) impartial, neutral, efficient, accurate
and accountable administration; and
(d) equitable representation of various
interest groups.
77. A citizen who has attained the age of eighteen
years is entitled to be registered as a voter and vote in any
election by secret ballot.
78. Parliament shall enact legislation to regulate
elections and provide for -
(a) the registration of voters;(b) the manner and procedure for
nomination of candidates;
(c) the preparation, form, content andprocedure for submission of party lists;
(d) publication of party lists;(e) certification of party lists;(f) the time and place for submission of
party lists;
(g) the manner of voting at elections and
referenda;(h) the supervision of elections and
referenda;
(i) election campaigns;
(j) the collation and announcement of
election results, including the counting
Franchise
Electoral process
-
8/2/2019 First Draft Constitution of Zambia - April 2012
71/272
52
and collation of votes using a parallel
voting tabulation;
(k) special arrangements to enable the
following persons to vote:
(i) members of the Defence Force, the
Police Service and the Prisons
Service;
(ii) election officials;
(iii) persons with disabilities;
(iv) citizens living outside Zambia; and
(v) other special sectors of society;
(l) the declaration of candidates duly
elected;
(m) appropriate structures and
mechanisms to eliminate all forms of
electoral malpractices,
(n) the keeping of election material;
(o) the monitoring and observation of
elections;
(p) an electoral code of conduct;
(q) voter and civic education; and
(r) any matter dealing with the electoral
process so as to ensure free and fair
elections.
79. (1) A political party, an independentcandidate and a person contesting for councillorship shall
have equitable access to public and private media generally
and during election campaigns.
(2) Parliament shall enact legislation to give effect
to this Article.
Access to media
-
8/2/2019 First Draft Constitution of Zambia - April 2012
72/272
53
80. (1) A person shall be eligible to stand as an
independent candidate for election as a Member of
Parliament or councillor if the person meets the
qualifications specified for election as a Member of
Parliament or councillor, as the case may be.
(2) If, in an election for a President or councillor,
only one candidate is validly nominated by the date and time
set by the Electoral Commission for receiving nominations,
that candidate shall be declared duly elected as President-
elect or councillor, as the case may be.
(3) Nothing in clause (2) shall prevent an
aggrieved person from challenging, within seven days of the
nomination, the nomination or declaration made under
clause (2).
(4) A person who challenges the nomination or
declaration made under clause (2) shall state the grounds on
which that person intends to rely.
(5) Parliament shall enact legislation to provide
for the procedures for challenging any nomination or
declaration made under clause (2).
(6) The provisions of Articles 88(a), (e), (g) and 137
shall apply to an independent candidate.
(7) An independent candidate may access
financial support from the Political Parties Fund to be
top related